Leming v. Sephora USA CA2/7
Plaintiff Dustin Leming sued defendants Sephora USA and Breezy Gaxiola for negligence and intentional tort after Leming was arrested and charged with allegedly committing a battery against Gaxiola while he was a customer at a Sephora store. The trial court partially granted and partially denied a special motion to strike brought by the defendants pursuant to Code of Civil Procedure section 425.16. The court granted the motion to strike the claim based on the defendants’ alleged involvement in having Leming criminally prosecuted, but denied the motion to strike the claim based on the defendants’ alleged citizen’s arrest of Leming. Both parties appeal the trial court’s order. We affirm.
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